It’s Official – BCHRT is the Grinch that Stole Humour

A decision has come down from the BCHRT on the complaint by Lorna Pardy against comedian Guy Earle and the restaurant at which Earle performed: guilty. (thanks for the link BCF) Free speech arguments do not apply at the BCHRT, says Tribunal member Murray Geiger-Adams in a less-than-artful dodge:

The respondents cannot challenge the constitutionality of s.8 of the Code on Charter grounds before the Tribunal, as the Tribunal does not have jurisdiction to decide the respondents’ Charter-based free speech arguments.

That’s dead wrong – the Supreme Court recently ruled that administrative Tribunals not only have the jurisdiction to consider Charter arguments, they are duty-bound to do so. In fact, the Canadian Human Rights Tribunal did exactly that in the Lemire case, refusing to enforce the same hate-speech provision in the federal Act on Charter grounds.

Earle was ordered to pay $15,000 to Pardy for “injury to feelings, dignity, and self-respect”. The restaurant was ordered to pay $7000 for the same.

The Tribunal has just injured the feelings, dignity, and self-respect of every single Canadian who holds our fundamental Charter freedoms dear.

Evolution

Like virtually all other virtual things, The Lynch Mob is a not a static object. In fact, one of the earliest things to change was the name itself. This site started out as The Lynch Files - a couple of days later it was called The Lynch Mob. Same blog, different name. During a sabbatical taken by founder Walker Morrow, others stepped up to keep the blog running and continue to hold the feet of CHRC commissioner Jennifer Lynch - and all her provincial counterparts - to the fire.